Archival Records of Congress:
December 7, 2023March 11, 2024
Frequently Asked Questions
Ben Leubsdorf
Congressional offices and committees receive, generate, and process many paper and digital files
Congressional offices and committees receive, generate, and process many paper and digital files
Research Librarian
Research Librarian
in the course of their work. Archivists preserve some of this historical material, which can help
in the course of their work. Archivists preserve some of this historical material, which can help
inform future Congresses and researchers studying congressional history. This report is intended
inform future Congresses and researchers studying congressional history. This report is intended
to assist congressional staffers who want to locate and access these historical materials. to assist congressional staffers who want to locate and access these historical materials.
Recordkeeping rules, policies, and practices vary by type of congressional office. Materials in a Member’s office are
Recordkeeping rules, policies, and practices vary by type of congressional office. Materials in a Member’s office are
traditionally considered the Member’s personal property. Although some Members choose to donate their papers to an traditionally considered the Member’s personal property. Although some Members choose to donate their papers to an
archival repository after they leave office, there is no legal requirement for Members to preserve papers or make them archival repository after they leave office, there is no legal requirement for Members to preserve papers or make them
available to researchers. The available to researchers. The
Biographical Directory of the United States Congress, among other resources, can help users , among other resources, can help users
locate Member papers and other relevant archival collections. locate Member papers and other relevant archival collections.
Files from congressional committees and House or Senate administrative offices may be official records. House Rule VII and
Files from congressional committees and House or Senate administrative offices may be official records. House Rule VII and
Senate Rule XI govern records for the House and Senate, respectively. In accordance with 44 U.S.C. §2118, the Clerk of the Senate Rule XI govern records for the House and Senate, respectively. In accordance with 44 U.S.C. §2118, the Clerk of the
House and Secretary of the Senate transfer noncurrent House and Senate records to the National Archives and Records House and Secretary of the Senate transfer noncurrent House and Senate records to the National Archives and Records
Administration (NARA)Administration (NARA)
at the end of each Congress. Although NARA’s Center for Legislative Archives is responsible for . Although NARA’s Center for Legislative Archives is responsible for
preserving those files, they remain the property of Congress. preserving those files, they remain the property of Congress.
In general, House records are closed to the public for 30 years, and Senate records are closed for 20 years. Some sensitive
In general, House records are closed to the public for 30 years, and Senate records are closed for 20 years. Some sensitive
congressional records may remain closed for 50 years. congressional records may remain closed for 50 years.
In some circumstances, however,The House archivist and Senate archivist can assist Members and Members and
congressional staff in their respective chambers with determining actual accessibility of any closed records. As well, these archivists can assist withcongressional staff may be able to access otherwise-restricted records. The House archivist or Senate archivist, respectively, offer guidance and assistance with access to archival records, as well as managing active records and papers. managing active records and papers.
NARA also stores other legislative-branch records, as well as pre-1789 legislative records. Separately, both NARA and the
NARA also stores other legislative-branch records, as well as pre-1789 legislative records. Separately, both NARA and the
Library of Congress operate programs to capture and preserve public-facing congressional websites. Library of Congress operate programs to capture and preserve public-facing congressional websites.
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Congressional Research Service
link to page 4 link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 6 link to page
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Archival Records of Congress: Frequently Asked Questions
Contents
Introduction ..................................................................................................................................... 1
Frequently Asked Questions ............................................................................................................ 1
Background ............................................................................................................................... 1
What Are Archival Records? .............................................................................................. 1
What Are Archival Records in the Congressional Context? ............................................... 2
What Laws, Rules, and Customs Govern the Records of Congress and Member
Papers? ............................................................................................................................. 2
Who Owns Congressional Records and Member Papers? .................................................. 3
Where Can I Find Guidance on Managing Active Records and Papers? ............................ 43
Finding and Accessing Records and Papers .............................................................................. 4
Where Are Congressional Records and Member Papers Stored? ....................................... 4
How Can I Find Information About House Records? ......................................................... 4
How Can I Find Information About Senate Records? ........................................................ 4
What Other Legislative Records Are Available at NARA? ................................................ 5
Are There Restrictions on Public Access to House and Senate Records at NARA? .......... 5
Can I See RestrictedClosed Records If I Am a Member or Congressional Staffer? ........................... 6
How Can I Find Papers from Member Offices? ................................................................. 6
How Can I Find Archived Congressional Websites? .......................................................... 7
Research Guidance .................................................................................................................... 7
What Should I Know About Conducting Research with Archival Records? ...................... 7
Are There Handbooks About How to Conduct Archival Research? ................................... 8
Who Can Help Me with My Research? .............................................................................. 8
Contacts
Author Information .......................................................................................................................... 9
Congressional Research Service
Congressional Research Service
Archival Records of Congress: Frequently Asked Questions
Introduction
Congressional offices and committees receive, generate, and process many paper and digital files Congressional offices and committees receive, generate, and process many paper and digital files
in the course of their work. The National Archives and Records Administration (NARA) and in the course of their work. The National Archives and Records Administration (NARA) and
other repositories preserve some of this historical material. Preserving these materials helps other repositories preserve some of this historical material. Preserving these materials helps
ensure these historical records are available to inform future Congresses and researchers studying ensure these historical records are available to inform future Congresses and researchers studying
congressional history. congressional history.
How and what materials are preserved varies because recordkeeping rules, policies, and practices
How and what materials are preserved varies because recordkeeping rules, policies, and practices
vary by type of congressional office: vary by type of congressional office:
• Files in a Member’s office are considered the Member’s personal property.
• Files in a Member’s office are considered the Member’s personal property.
Members are not required to preserve papers or make them available to
Members are not required to preserve papers or make them available to
researchers, neither during their congressional service nor after leaving office. researchers, neither during their congressional service nor after leaving office.
Some Members choose to donate their papers to an archive. Some Members choose to donate their papers to an archive.
• Files in committee and
• Files in committee and
certain administrative offices may be official records. The administrative offices may be official records. The
Clerk
Clerk of the House and Secretary of the Senate transfer noncurrent House and Senate of the House and Secretary of the Senate transfer noncurrent House and Senate
records to NARA every two years. Those files remain the property of Congress, records to NARA every two years. Those files remain the property of Congress,
and access to them is typically restricted for a period of 20, 30, or 50 years, and access to them is typically restricted for a period of 20, 30, or 50 years,
depending on the document’s content and chamber of origin. depending on the document’s content and chamber of origin.
Members and congressional staff may be able to access otherwise-closed records in some circumstances; the House archivist and Senate archivist can provide guidance and assistanceThe House archivist and Senate archivist can assist Members and congressional staff in their respective chambers with determining actual accessibility of any closed records. .
This report seeks to assist congressional offices with frequently asked questions about
This report seeks to assist congressional offices with frequently asked questions about
• the laws, rules, and customs that govern congressional records and Member
• the laws, rules, and customs that govern congressional records and Member
papers in terms of ownership, preservation, and access;
papers in terms of ownership, preservation, and access;
• how to locate and access records at NARA’s Center for Legislative Archives and
• how to locate and access records at NARA’s Center for Legislative Archives and
other archival repositories; and
other archival repositories; and
• how to conduct historical research using archival records.
• how to conduct historical research using archival records.
This report does not discuss published legislative documents—such as bills, committee reports,
This report does not discuss published legislative documents—such as bills, committee reports,
hearing transcripts, and the hearing transcripts, and the
Congressional Record—that are available on Congress.gov or through —that are available on Congress.gov or through
the U.S. Government Publishing Office (GPO). For guidance on locating legislative documents, the U.S. Government Publishing Office (GPO). For guidance on locating legislative documents,
see CRS Report R43434, see CRS Report R43434,
Policy and Legislative Research for Congressional Staff: Finding
Documents, Analysis, News, and Training, by Sarah W. Caldwell, Ellen M. Lechman, and , by Sarah W. Caldwell, Ellen M. Lechman, and
Michele L. Malloy. Michele L. Malloy.
Frequently Asked Questions
Background
What Are Archival Records?
In general, archival records are materials deemed worthy of long-term preservation “because of
In general, archival records are materials deemed worthy of long-term preservation “because of
the enduring value contained in the information they contain or as evidence of the functions and the enduring value contained in the information they contain or as evidence of the functions and
responsibilities of their creator.”1 These can be handwritten manuscripts, printed documents,
1 “Archival records” in A Glossary of Archival and Records Terminology, by Richard Pearce-Moses (Chicago: Society of American Archivists, 2005), p. 28.
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Archival Records of Congress: Frequently Asked Questions
responsibilities of their creator.”1 These can be handwritten manuscripts, printed documents, digital files, and other objects that are no longer in active use by their owners: individuals, digital files, and other objects that are no longer in active use by their owners: individuals,
families, businesses, governments, and other entities. families, businesses, governments, and other entities.
What Are Archival Records in the Congressional Context?
House and Senate offices process information in many print and digital formats daily. These may
House and Senate offices process information in many print and digital formats daily. These may
include correspondence, constituent casework, personnel records, internal memos, investigative include correspondence, constituent casework, personnel records, internal memos, investigative
material, maps, statistical data, and policy studies. Some of these files may be placed into storage material, maps, statistical data, and policy studies. Some of these files may be placed into storage
when they are no longer in active use, preserved by archivists as historical evidence, and made when they are no longer in active use, preserved by archivists as historical evidence, and made
available to researchers. available to researchers.
Published legislative documents such as bills, committee reports, hearing transcripts, and the
Published legislative documents such as bills, committee reports, hearing transcripts, and the
Congressional Record are generally not archival records, and many copies exist in different are generally not archival records, and many copies exist in different
formats and venues.2 formats and venues.2
What Laws, Rules, and Customs Govern the Records of Congress and Member
Papers?
The Legislative Reorganization Act of 1946 established a requirement that, at the end of each
The Legislative Reorganization Act of 1946 established a requirement that, at the end of each
Congress, the Clerk of the House and Secretary of the Senate collect “all of the noncurrent Congress, the Clerk of the House and Secretary of the Senate collect “all of the noncurrent
records of the Congress and of each committee thereof” and send them to the National Archives records of the Congress and of each committee thereof” and send them to the National Archives
(now NARA) for (now NARA) for
safekeepingpreservation.3 .3
Title 44, Section 2118, of the
Title 44, Section 2118, of the
U.S. Code currently states, currently states,
The Secretary of the Senate and the Clerk of the House of Representatives, acting jointly,
The Secretary of the Senate and the Clerk of the House of Representatives, acting jointly,
shall obtain at the close of each Congress all the noncurrent records of the Congress and of shall obtain at the close of each Congress all the noncurrent records of the Congress and of
each congressional committee and transfer them to the National Archives and Records each congressional committee and transfer them to the National Archives and Records
Administration for preservation, subject to the orders of the Senate or the House of Administration for preservation, subject to the orders of the Senate or the House of
Representatives, respectively. Representatives, respectively.
In the House, Rule VII governs records. Among other things, it requires committee chairs and
In the House, Rule VII governs records. Among other things, it requires committee chairs and
officers to transfer “any noncurrent records” to the Clerk of the House at the end of each officers to transfer “any noncurrent records” to the Clerk of the House at the end of each
Congress, and Congress, and
The Clerk shall deliver the records ..., together with any other noncurrent records of the
The Clerk shall deliver the records ..., together with any other noncurrent records of the
House, to the Archivist of the United States for preservation at the National Archives and House, to the Archivist of the United States for preservation at the National Archives and
Records Administration. Records so delivered are the permanent property of the House and Records Administration. Records so delivered are the permanent property of the House and
remain subject to this rule and any order of the House. remain subject to this rule and any order of the House.
In the Senate, Rule XI governs records, including a requirement that
In the Senate, Rule XI governs records, including a requirement that
The Secretary of the Senate shall obtain at the close of each Congress all the noncurrent
The Secretary of the Senate shall obtain at the close of each Congress all the noncurrent
records of the Senate and of each Senate committee and transfer them to the National records of the Senate and of each Senate committee and transfer them to the National
Archives and Records Administration for preservation, subject to the orders of the Senate. Archives and Records Administration for preservation, subject to the orders of the Senate.
1 “Archival records” in A Glossary of Archival and Records Terminology, by Richard Pearce-Moses (Chicago: Society of American Archivists, 2005), p. 28.
2 For research guidance, see CRS Report R43434, Policy and Legislative Research for Congressional Staff: Finding
Documents, Analysis, News, and Training, by Sarah W. Caldwell, Ellen M. Lechman, and Michele L. Malloy.
3 60 Stat. 812.
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Archival Records of Congress: Frequently Asked Questions
These guidelines do not apply to materials in a Member’s office, which “by custom and tradition” belong to that Member.4 In 2008, during the 110th Congress, the House and Senate adopted H.Con.Res. 307, which recognized that “by custom, these papers are considered the personal
These guidelines do not apply to materials in a Member’s office, which “by custom and tradition” belong to that Member.4 In 2008, during the 110th Congress, the House and Senate adopted H.Con.Res. 307, which recognized that “by custom, these papers are considered the personal
2 For research guidance, see CRS Report R43434, Policy and Legislative Research for Congressional Staff: Finding Documents, Analysis, News, and Training, by Sarah W. Caldwell, Ellen M. Lechman, and Michele L. Malloy.
3 60 Stat. 812. 4 Karen Dawley Paul, “Congressional Papers and Committee Records: Private vs. Public Ownership,” in An American Political Archives Reader, eds. Karen Dawley Paul, Glenn R. Gray, and L. Rebecca Johnson Melvin (Lanham, MD: The Scarecrow Press Inc., 2009), p. 89.
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Archival Records of Congress: Frequently Asked Questions
property of the Member who receives and creates them, and it is therefore the Member who is property of the Member who receives and creates them, and it is therefore the Member who is
responsible to decide on their ultimate disposition.” responsible to decide on their ultimate disposition.”
The House in 2017 made this
The House in 2017 made this
longstandinglong-standing practice explicit in its rules: practice explicit in its rules:
Records created, generated, or received by the congressional office of a Member, Delegate,
Records created, generated, or received by the congressional office of a Member, Delegate,
or the Resident Commissioner in the performance of official duties are exclusively the or the Resident Commissioner in the performance of official duties are exclusively the
personal property of the individual Member, Delegate, or the Resident Commissioner and personal property of the individual Member, Delegate, or the Resident Commissioner and
such Member, Delegate, or Resident Commissioner has control over such records.5 such Member, Delegate, or Resident Commissioner has control over such records.5
The 2008 concurrent resolution also expressed the sense that Members should “take all necessary
The 2008 concurrent resolution also expressed the sense that Members should “take all necessary
measures to manage and preserve the Member’s own Congressional papers,” and measures to manage and preserve the Member’s own Congressional papers,” and
each Member of Congress should be encouraged to arrange for the deposit or donation of
each Member of Congress should be encouraged to arrange for the deposit or donation of
the Member’s own noncurrent Congressional papers with a research institution that is the Member’s own noncurrent Congressional papers with a research institution that is
properly equipped to care for them, and to make these papers available for educational properly equipped to care for them, and to make these papers available for educational
purposes at a time the Member considers appropriate.6 purposes at a time the Member considers appropriate.6
The Federal Records Act (FRA) does not apply to Congress,7 nor does the Freedom of
The Federal Records Act (FRA) does not apply to Congress,7 nor does the Freedom of
Information Act (FOIA).8 Information Act (FOIA).8
Who Owns Congressional Records and Member Papers?
The House and Senate retain ownership of the records from their committees and administrative
The House and Senate retain ownership of the records from their committees and administrative
offices, even after handing the files over to NARA for preservation and storage.9 offices, even after handing the files over to NARA for preservation and storage.9
Papers in a Member’s office are considered the Member’s personal property. If a Member
Papers in a Member’s office are considered the Member’s personal property. If a Member
chooses to donate chooses to donate
its papers to an archival repository, the Member might prepare a papers to an archival repository, the Member might prepare a
deed of gift or or
other agreement transferring ownership and detailing terms of use and access.10 other agreement transferring ownership and detailing terms of use and access.10
4 Karen Dawley Paul, “Congressional Papers and Committee Records: Private vs. Public Ownership,” in An American
Political Archives Reader, eds. Karen Dawley Paul, Glenn R. Gray, and L. Rebecca Johnson Melvin (Lanham, MD: The Scarecrow Press Inc., 2009), p. 89.
Where Can I Find Guidance on Managing Active Records and Papers?
House offices can contact the House archivist, in the Office of Art and Archives, for assistance with records management.11 Handbooks—Records Management Manual for Committees and Records Management Manual for Members—are also available on the HouseNet intranet.
Senate offices can contact the Senate archivist, in the Senate Historical Office, for assistance with records management. 12 Handbooks are also available on the Webster intranet.13
5 The House added this provision to Rule VII by adopting H.Res. 5 (115th Congress).
5 The House added this provision to Rule VII by adopting H.Res. 5 (115th Congress).
6 H.Con.Res. 307 (110th Congress). 6 H.Con.Res. 307 (110th Congress).
7 44 U.S.C. §2901(14). See also CRS Report R43072, 7 44 U.S.C. §2901(14). See also CRS Report R43072,
Common Questions About Federal Records and Related Agency
Requirements, by Meghan M. Stuessy and CRS In Focus IF11119, , by Meghan M. Stuessy and CRS In Focus IF11119,
Federal Records: Types and Treatments, by , by
Meghan M. Stuessy. Meghan M. Stuessy.
8 5 U.S.C. §551(1)(A). See also CRS In Focus IF12301,
8 5 U.S.C. §551(1)(A). See also CRS In Focus IF12301,
Congress and the Freedom of Information Act (FOIA), by , by
Benjamin M. Barczewski and Meghan M. Stuessy. Benjamin M. Barczewski and Meghan M. Stuessy.
9 James Wyatt (assistant director, Center for Legislative Archives), interview by CRS, March 1, 2023. See also
9 James Wyatt (assistant director, Center for Legislative Archives), interview by CRS, March 1, 2023. See also
National Archives and Records Administration (NARA), Center for Legislative Archives, National Archives and Records Administration (NARA), Center for Legislative Archives,
About Our Records, at , at
https://www.archives.gov/legislative/research/about-our-records.html: “The Center for Legislative Archives holds the https://www.archives.gov/legislative/research/about-our-records.html: “The Center for Legislative Archives holds the
historically valuable records of the U.S. House of Representatives and the U.S. Senate, including the official historically valuable records of the U.S. House of Representatives and the U.S. Senate, including the official
Committee records, all of which remain the legal property of the House and Senate.” Committee records, all of which remain the legal property of the House and Senate.”
10 “Deed of gift” in Pearce-Moses,
10 “Deed of gift” in Pearce-Moses,
Glossary of Archival and Records Terminology, pp. 108-109. , pp. 108-109.
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Where Can I Find Guidance on Managing Active Records and Papers?
House offices can contact the House archivist, in the Office of Art and Archives, for assistance with records management.11 Handbooks—Records Management Manual for Committees and Records Management Manual for Members—are also available on the HouseNet intranet.
Senate offices can contact the Senate archivist, in the Senate Historical Office, for assistance with records management. 12 Handbooks are also available on the Webster intranet.1311 House archivist may be contacted via archives@mail.house.gov or (202) 226-1300. 12 Senate archivist may be contacted via historian@sec.senate.gov or (202) 224-6900. 13 Karen D. Paul (Senate archivist), email to CRS, March 15, 2023.
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Finding and Accessing Records and Papers
Where Are Congressional Records and Member Papers Stored?
The Center for Legislative Archives is in the National Archives building in Washington, DC.14
The Center for Legislative Archives is in the National Archives building in Washington, DC.14
House and Senate records are stored there or in storage space at the GPO near the Capitol.15 House and Senate records are stored there or in storage space at the GPO near the Capitol.15
Members’ papers are located across the country at various archives and other institutions (see
Members’ papers are located across the country at various archives and other institutions (see
“How Can I Find Papers from Member Offices?”). .
How Can I Find Information About House Records?
NARA designates House records as Record Group 233.16
NARA designates House records as Record Group 233.16
NARA’s
NARA’s
Guide to the Records of the U.S. House of Representatives at the National Archives,
1789-1989 is the online version of a reference guide published when Congress marked its is the online version of a reference guide published when Congress marked its
bicentennial.17 bicentennial.17
On the House website,
On the House website,
Researching the House: Official Records contains background contains background
information; finding aids organized by Congress (1789-1981); and inventories for special, select, information; finding aids organized by Congress (1789-1981); and inventories for special, select,
and joint committees.18 and joint committees.18
These resources are not comprehensive. Contact the Center for Legislative Archives
These resources are not comprehensive. Contact the Center for Legislative Archives
, House historian, and House archivist for additional information. and House archivist for additional information.
How Can I Find Information About Senate Records?
NARA designates Senate records as Record Group 46.19
NARA designates Senate records as Record Group 46.19
11 House archivist may be contacted via archives@mail.house.gov or (202) 226-1300. 12 Senate archivist may be contacted via rr (202) 224-6900. 13 Karen D. Paul (Senate archivist), email to CRS, March 15, 2023.
NARA’s Guide to the Records of the U.S. Senate at the National Archives is, like its House counterpart, the online version of a guide from 1989.20
On the Senate website, Archives of the United States Senate has background on historical documents21 and Photo Collection of the Senate Historical Office has information about historical photographs.22
14 This building near the National Mall is often called 14 This building near the National Mall is often called
Archives I, to distinguish it from NARA’s larger , to distinguish it from NARA’s larger
Archives II facility in College Park, MD. facility in College Park, MD.
15 Wyatt, interview.
15 Wyatt, interview.
16 See 16 See
Records of the United States House of Representatives in NARA’s in NARA’s
Guide to Federal Records in the National
Archives of the United States ((
Guide to Federal Records), available at https://www.archives.gov/research/guide-fed-), available at https://www.archives.gov/research/guide-fed-
records/groups/233.html. records/groups/233.html.
17 Available at https://www.archives.gov/legislative/guide/house. The original was printed as H.Doc. 100-245: Charles
17 Available at https://www.archives.gov/legislative/guide/house. The original was printed as H.Doc. 100-245: Charles
E. Schamel et al., E. Schamel et al.,
Guide to the Records of the United States House of Representatives at the National Archives, 1789-
1989: Bicentennial Edition. .
18 Available at https://history.house.gov/Records-and-Research/House-Records/.
18 Available at https://history.house.gov/Records-and-Research/House-Records/.
19 See 19 See
Records of the United States Senate in NARA’s in NARA’s
Guide to Federal Records, available at , available at
https://www.archives.gov/research/guide-fed-records/groups/046.html. https://www.archives.gov/research/guide-fed-records/groups/046.html.
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NARA’s20 Available at https://www.archives.gov/legislative/guide/senate. The original was printed as S.Doc. 100-42: Robert W. Coren et al., Guide to the Records of the U.S.United States Senate at the National Archives, 1789-1989: Bicentennial Edition.
21 Available at https://www.senate.gov/legislative/senate-archives/information-about-senate-archives.htm. 22 Available at https://www.senate.gov/history/photo-collection-of-the-senate-historical-office.htm.
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Senate at the National Archives is, like its House counterpart, the online version of a guide from 1989.20
On the Senate website, Archives of the United States Senate has background on historical documents21 and Photo Collection of the Senate Historical Office has information about historical photographs.22
These resources are not comprehensive. Contact the Center for Legislative Archives
These resources are not comprehensive. Contact the Center for Legislative Archives
, Senate historian, and Senate archivist for additional information. and Senate archivist for additional information.
What Other Legislative Records Are Available at NARA?
NARA’s Record Group 128 contains records from joint congressional committees.23 Additional
NARA’s Record Group 128 contains records from joint congressional committees.23 Additional
information is available in Chapter 23 of the information is available in Chapter 23 of the
Guide to the Records of the U.S. House of
Representatives at the National Archives, 1789-1989.24 .24
NARA’s Record Group 360 contains records that predate the 1st Congress (1789-1791): the First
NARA’s Record Group 360 contains records that predate the 1st Congress (1789-1791): the First
Continental Congress in 1774, Second Continental Congress that began in 1775, “United States in Continental Congress in 1774, Second Continental Congress that began in 1775, “United States in
Congress Assembled” that operated under the Articles of Confederation, and Constitutional Congress Assembled” that operated under the Articles of Confederation, and Constitutional
Convention in 1787.25 Convention in 1787.25
The Center for Legislative Archives holds records from legislative branch agencies and
The Center for Legislative Archives holds records from legislative branch agencies and
organizations, such as the Government Accountability Office (GAO) and the U.S. Capitol organizations, such as the Government Accountability Office (GAO) and the U.S. Capitol
Police,26 and commissions, including the National Commission on Terrorist Attacks Upon the Police,26 and commissions, including the National Commission on Terrorist Attacks Upon the
United States (9/11 Commission).27 It also has several special collections.28 United States (9/11 Commission).27 It also has several special collections.28
Are There Restrictions on Public Access to House and Senate Records at
NARA?
Yes.29
Yes.29
House Rule VII bars public access to most House records for 30 years. Some records remain
House Rule VII bars public access to most House records for 30 years. Some records remain
closed for 50 years: investigative records, personnel records, and records related to closed for 50 years: investigative records, personnel records, and records related to
closed
20 Available at https://www.archives.gov/legislative/guide/senate. The original was printed as S.Doc. 100-42: Robert W. Coren et al., Guide to the Records of the United States Senate at the National Archives, 1789-1989: Bicentennial
Edition.
21 Available at https://www.senate.gov/legislative/senate-archives/information-about-senate-archives.htm. 22 Available at https://www.senate.gov/history/photo-collection-of-the-senate-historical-office.htm. hearings held in executive session. The House and its committees can also set a different “time, schedule, or condition” for making certain records available to the public.30
In addition, under Rule VII, records “may not be made available for public use ... if the Clerk determines that such availability would be detrimental to the public interest or inconsistent with the rights and privileges of the House.”
Most Senate records remain closed to the public for 20 years, with a 50-year delay for access to records dealing with investigations, personnel matters, and executive nominations. Under S.Res.
23 See 23 See
Records of Joint Committees of Congress in NARA’s in NARA’s
Guide to Federal Records, available at , available at
https://www.archives.gov/research/guide-fed-records/groups/128.html. https://www.archives.gov/research/guide-fed-records/groups/128.html.
24 Available at https://www.archives.gov/legislative/guide/house/chapter-23.html.
24 Available at https://www.archives.gov/legislative/guide/house/chapter-23.html.
25 See 25 See
Records of the Continental and Confederation Congresses and the Constitutional Convention in NARA’s in NARA’s
Guide
to Federal Records, available at https://www.archives.gov/research/guide-fed-records/groups/360.html. , available at https://www.archives.gov/research/guide-fed-records/groups/360.html.
26 See
26 See
Records of Legislative Branch Organizations, available at https://www.archives.gov/legislative/research/browse/, available at https://www.archives.gov/legislative/research/browse/
legislative-organizations.html. legislative-organizations.html.
27 See
27 See
Records of the Legislative Commissions, available at https://www.archives.gov/legislative/research/browse/, available at https://www.archives.gov/legislative/research/browse/
legislative-commissions.html. legislative-commissions.html.
28 See
28 See
Special Collections, available at https://www.archives.gov/legislative/research/special-collections. , available at https://www.archives.gov/legislative/research/special-collections.
29 See 29 See
Rules of Access, an overview available at https://www.archives.gov/legislative/research/rules-of-access.html. , an overview available at https://www.archives.gov/legislative/research/rules-of-access.html.
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hearings. The House and its committees can also set a different “time, schedule, or condition” for making certain records available to the public.30
In addition, under Rule VII, records “may not be made available for public use ... if the Clerk determines that such availability would be detrimental to the public interest or inconsistent with the rights and privileges of the House.”
Most Senate records remain closed to the public for 20 years, with a 50-year delay for access to records dealing with investigations, personnel matters, and executive nominations. Under S.Res. 30 The House adopted the 30-year rule in 1989 (101st Congress) with H.Res. 5, which incorporated language from H.Res. 419 (100th Congress). Previously, in 1953, the adoption of H.Res. 288 during the 83rd Congress had barred access to House records for a period of 50 years.
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474 (96th Congress), Senate committees can set different timetables for the release of their 474 (96th Congress), Senate committees can set different timetables for the release of their
records.31 records.31
In addition, the Secretary of the Senate may “prohibit or restrict the public disclosure of any
In addition, the Secretary of the Senate may “prohibit or restrict the public disclosure of any
record” other than committee records “if he determines that public disclosure of such record record” other than committee records “if he determines that public disclosure of such record
would not be in the public interest.”32 would not be in the public interest.”32
The Center for Legislative Archives can facilitate access to records that are old enough to be open
The Center for Legislative Archives can facilitate access to records that are old enough to be open
for research. However, before providing records to researchers, archivists must review them for for research. However, before providing records to researchers, archivists must review them for
personally identifiable information (PII) and other sensitive content, so researchers may contact personally identifiable information (PII) and other sensitive content, so researchers may contact
the center ahead of time to discuss availability.33 the center ahead of time to discuss availability.33
Can I See RestrictedClosed Records If I Am a Member or Congressional Staffer?
Maybe, in certain circumstances.34 Members and staff
Maybe, in certain circumstances.34 Members and staff
canshould contact the House archivist or Senate contact the House archivist or Senate
archivist for guidance and assistance.35 archivist for guidance and assistance.35
How Can I Find Papers from Member Offices?
Because files from Member offices are considered the Member’s personal property, their
Because files from Member offices are considered the Member’s personal property, their
disposition is up to the Member. Some Members choose to donate their papers to archives, often disposition is up to the Member. Some Members choose to donate their papers to archives, often
an institution in their home state or one affiliated with a college or university they attended. Many an institution in their home state or one affiliated with a college or university they attended. Many
other Members have opted not to make their papers available to researchers. other Members have opted not to make their papers available to researchers.
Research guidance is available on the House (
Research guidance is available on the House (
Researching Former Members of Congress)36 and )36 and
Senate (Senate (
Senators’ Papers and Archives)37 websites. )37 websites.
30 The House adopted the 30-year rule in 1989 (101st Congress) with H.Res. 5, which incorporated language from H.Res. 419 (100th Congress). Previously, in 1953, the adoption of H.Res. 288 during the 83rd Congress had barred access to House records for a period of 50 years.
The Biographical Directory of the United States Congress contains information about the location of Member papers and other relevant archival collections, when available, under the “Research Collections” tab on each profile.38
See also NARA’s Congressional Collections directory,39 and several older reference works:
• A Guide to Research Collections of Former Members of the United States House
of Representatives, 1789-1987;40
31 The 20-year rule dates to 1980, when the Senate adopted S.Res. 474 during the 96th Congress. Previously, a
31 The 20-year rule dates to 1980, when the Senate adopted S.Res. 474 during the 96th Congress. Previously, a
patchwork of different guidelines applied as “Senate committees ... made individual arrangements with the National patchwork of different guidelines applied as “Senate committees ... made individual arrangements with the National
Archives governing access. Some committees open[ed] the records at the time they transfer[ed] them. Others set a Archives governing access. Some committees open[ed] the records at the time they transfer[ed] them. Others set a
specific time period ranging from 10 to 20 years. Still others require[d] researchers to petition them on a case-by-case specific time period ranging from 10 to 20 years. Still others require[d] researchers to petition them on a case-by-case
basis, regardless of the records’ age.” See U.S. Congress, Senate Committee on Rules and Administration, basis, regardless of the records’ age.” See U.S. Congress, Senate Committee on Rules and Administration,
Relating to
Public Access to Senate Records at the National Archives, report to accompany S.Res. 474, 96th Cong., 2nd sess., , report to accompany S.Res. 474, 96th Cong., 2nd sess.,
S.Rept. 96-1042, December 1, 1980, p. 2. S.Rept. 96-1042, December 1, 1980, p. 2.
32 96th Congress, S.Res. 474.
32 96th Congress, S.Res. 474.
33 Wyatt, interview. Personal identifiable information (PII) can include Social Security numbers. 33 Wyatt, interview. Personal identifiable information (PII) can include Social Security numbers.
34 For instance, House Rule VII states that a committee “may withdraw ... any record of the committee ... on a 34 For instance, House Rule VII states that a committee “may withdraw ... any record of the committee ... on a
temporary basis and for official use of the committee.” temporary basis and for official use of the committee.”
35 Heather Bourk (House archivist), interview by CRS, March 7, 2023; Paul, email. 35 Heather Bourk (House archivist), interview by CRS, March 7, 2023; Paul, email.
36 Available at https://history.house.gov/Records-and-Research/Archival-Research/Member-Resources/. 36 Available at https://history.house.gov/Records-and-Research/Archival-Research/Member-Resources/.
37 Available at https://www.senate.gov/legislative/senate-archives/about-senators-papers.htm. 37 Available at https://www.senate.gov/legislative/senate-archives/about-senators-papers.htm.
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The Biographical Directory of the United States Congress contains information about the location of Member papers and other relevant archival collections, when available, under the “Research Collections” tab on each profile.38
See also NARA’s Congressional Collections directory,39 and several older reference works:
• A Guide to Research Collections of Former Members of the United States House
of Representatives, 1789-1987;4038 The Biographical Directory of the United States Congress is available at https://bioguide.congress.gov. 39 Available at https://www.archives.gov/legislative/repository-collections. 40 Printed as H.Doc. 100-171.
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•
•
Guide to Research Collections of Former United States Senators, 1789-1995;41 ;41
and
and
•
•
Members of Congress: A Checklist of Their Papers in the Manuscript Division,
Library of Congress.42 .42
How Can I Find Archived Congressional Websites?
Both NARA and the Library of Congress (LOC) preserve public-facing congressional websites.
Both NARA and the Library of Congress (LOC) preserve public-facing congressional websites.
The Center for Legislative Archives conducts a biennial “congressional web harvest” at the end of
The Center for Legislative Archives conducts a biennial “congressional web harvest” at the end of
each Congress. The collection currently contains websites from the 109th Congress (2005-2006) each Congress. The collection currently contains websites from the 109th Congress (2005-2006)
through the 117th Congress (2021-2022).43 through the 117th Congress (2021-2022).43
LOC maintains a Legislative Branch Web Archive that goes back to September 200144 and a
LOC maintains a Legislative Branch Web Archive that goes back to September 200144 and a
United States Congressional Web Archive that goes back to December 2002.45 The Legislative United States Congressional Web Archive that goes back to December 2002.45 The Legislative
Branch collection focuses on websites for legislative-branch agencies and party leaders. The Branch collection focuses on websites for legislative-branch agencies and party leaders. The
Congressional collection contains Member and committee websites. Congressional collection contains Member and committee websites.
Research Guidance
What Should I Know About Conducting Research with Archival Records?
Archival research typically involves sifting through physical papers from a large number of
Archival research typically involves sifting through physical papers from a large number of
boxes, skimming each page for relevant information. It can be a search for “needles in boxes, skimming each page for relevant information. It can be a search for “needles in
haystacks,”46 complicated by the fact that the needles might not exist anymore. haystacks,”46 complicated by the fact that the needles might not exist anymore.
Archival collections are incomplete by their nature, as “selection is an inescapable response to the
Archival collections are incomplete by their nature, as “selection is an inescapable response to the
massive, uncoordinated scale of records creation and the unprecedented diversity of their use.”47 massive, uncoordinated scale of records creation and the unprecedented diversity of their use.”47
38 The Biographical Directory of the United States Congress is available at https://bioguide.congress.gov. 39 Available at https://www.archives.gov/legislative/repository-collections. 40 Printed as H.Doc. 100-171. Gaps in collections may also reflect inconsistent records-management practices,48 bias and blind spots in selection criteria,49 and the deliberate or inadvertent loss of documents.50 For instance, British troops burned early House records in 1814, and archivists in the 1930s found Senate records damaged by mold and insects in damp storage rooms.51
41 Printed as S.Doc. 103-35. 41 Printed as S.Doc. 103-35.
42 A digitized version of this 1980 publication is available in the HathiTrust database at https://hdl.handle.net/2027/42 A digitized version of this 1980 publication is available in the HathiTrust database at https://hdl.handle.net/2027/
uc1.31210024918268. uc1.31210024918268.
43 Available at https://www.archives.gov/legislative/research/web-harvest.html.
43 Available at https://www.archives.gov/legislative/research/web-harvest.html.
44 Available at https://www.loc.gov/collections/legislative-branch-web-archive. 44 Available at https://www.loc.gov/collections/legislative-branch-web-archive.
45 Available at https://www.loc.gov/collections/united-states-congressional-web-archive. 45 Available at https://www.loc.gov/collections/united-states-congressional-web-archive.
46 Zachary M. Schrag, 46 Zachary M. Schrag,
The Princeton Guide to Historical Research (Princeton, NJ: Princeton University Press, 2021), (Princeton, NJ: Princeton University Press, 2021),
p. 189. p. 189.
47 Raymond Frogner, “Selection” in
47 Raymond Frogner, “Selection” in
Encyclopedia of Archival Science, eds. Luciana Duranti and Patricia C. Franks , eds. Luciana Duranti and Patricia C. Franks
(Lanham, MD: Rowman & Littlefield, 2015), pp. 373-377. (Lanham, MD: Rowman & Littlefield, 2015), pp. 373-377.
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Gaps in collections may also reflect inconsistent records-management practices,48 bias and blind spots in selection criteria,49 and the deliberate or inadvertent loss of documents.50 For instance, British troops burned early House records in 1814, and archivists in the 1930s found Senate records damaged by mold and insects in damp storage rooms.5148 Anna Kasten Nelson, “Disorder in the House: The Inaccessible Record,” The Public Historian, vol. 2, no. 4 (Summer 1980), pp. 73-83.
49 See “archival silence” in Society of American Archivists, Dictionary of Archives Terminology, available at https://dictionary.archivists.org/entry/archival-silence.html.
50 Randall C. Jimerson, Archives Power: Memory, Accountability, and Social Justice (Chicago: Society of American Archivists, 2009), pp. 220-221.
51 David R. Kepley, “Congressional Records in the National Archives,” Prologue: Journal of the National Archives, vol. 19, no. 1 (Spring 1987), pp. 25-26.
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At the same time, archival collections can contain a huge amount of material in a variety of
At the same time, archival collections can contain a huge amount of material in a variety of
formats, and congressional collections in particular are “notorious for their bulk and formats, and congressional collections in particular are “notorious for their bulk and
complexity.”52 Boxes of archival material can be difficult to navigate, in part because the complexity.”52 Boxes of archival material can be difficult to navigate, in part because the
arrangement and description of records vary. Although the major categories of documents arrangement and description of records vary. Although the major categories of documents
generated by congressional offices may be generally consistent, “each office is organized a bit generated by congressional offices may be generally consistent, “each office is organized a bit
differently, and the location within the files of any specific type of record varies.”53 It is unusual differently, and the location within the files of any specific type of record varies.”53 It is unusual
for finding aids or inventories to describe each item in a collection; folder- or box-level for finding aids or inventories to describe each item in a collection; folder- or box-level
descriptions are more typical, and even that may be unavailable. Many archival records are not descriptions are more typical, and even that may be unavailable. Many archival records are not
digitized, and most archives have backlogs of unprocessed material.54 digitized, and most archives have backlogs of unprocessed material.54
Are There Handbooks About How to Conduct Archival Research?
There are many written guides to conducting historical and archival research, including
There are many written guides to conducting historical and archival research, including
Using
Archives: A Guide to Effective Research,55 ,55
Historical Research in Archives: A Practical Guide,56 ,56
and and
Doing Archival Research in Political Science.57 .57
Who Can Help Me with My Research?
The House’s Office of
The House’s Office of
Art and Archives58 and Office of the Historian,the Historian,
5859 Senate Historical Office, Senate Historical Office,
59 60 and NARA’s Center for and NARA’s Center for
Legislative Legislative
Archives60Archives61 are all potential sources of guidance and assistance for congressional are all potential sources of guidance and assistance for congressional
history research.
48 Anna Kasten Nelson, “Disorder in the House: The Inaccessible Record,” The Public Historian, vol. 2, no. 4 (Summer 1980), pp. 73-83.
49 See “archival silence” in Society of American Archivists, Dictionary of Archives Terminology, available at https://dictionary.archivists.org/entry/archival-silence.html.
50 Randall C. Jimerson, Archives Power: Memory, Accountability, and Social Justice (Chicago: Society of American Archivists, 2009), pp. 220-221.
51 David R. Kepley, “Congressional Records in the National Archives,” Prologue: Journal of the National Archives, vol. 19, no. 1 (Spring 1987), pp. 25-26. history research.
The Advisory Committee on the Records of Congress,62 Association of Centers for the Study of Congress,63 and Congressional Papers Section of the Society of American Archivists64 are all involved in discussions related to congressional records and recordkeeping.
Members and congressional staff can also request research assistance from the Congressional Research Service.
52 Linda A. Whitaker and Michael Lotstein, “Pulling Back the Curtain: Archives and Archivists Revealed,” in
52 Linda A. Whitaker and Michael Lotstein, “Pulling Back the Curtain: Archives and Archivists Revealed,” in
Doing
Archival Research in Political Science, eds. Scott A. Frisch, Douglas B. Harris, Sean Q. Kelly, and David C.W. Parker , eds. Scott A. Frisch, Douglas B. Harris, Sean Q. Kelly, and David C.W. Parker
(Amherst, NY: Cambria Press, 2012), p. 109. (Amherst, NY: Cambria Press, 2012), p. 109.
53 Patricia Aronsson, “Appraising Modern Congressional Collections,” in Paul et al,
53 Patricia Aronsson, “Appraising Modern Congressional Collections,” in Paul et al,
American Political Archives
Reader, p. 151. , p. 151.
54 Larisa K. Miller, “All Text Considered: A Perspective on Mass Digitizing and Archival Processing,”
54 Larisa K. Miller, “All Text Considered: A Perspective on Mass Digitizing and Archival Processing,”
The American
Archivist, vol. 76, no. 2 (Fall/Winter 2013), p. 522. , vol. 76, no. 2 (Fall/Winter 2013), p. 522.
55 Laura Schmidt,
55 Laura Schmidt,
Using Archives: A Guide to Effective Research (Chicago: Society of American Archivists, 2011). (Chicago: Society of American Archivists, 2011).
The text is available at https://www2.archivists.org/usingarchives. The text is available at https://www2.archivists.org/usingarchives.
56 Samuel J. Redman,
56 Samuel J. Redman,
Historical Research in Archives: A Practical Guide (Washington: American Historical (Washington: American Historical
Association, 2013). The Library of Congress (LOC) catalog record is available at https://lccn.loc.gov/2013017484. Association, 2013). The Library of Congress (LOC) catalog record is available at https://lccn.loc.gov/2013017484.
57 Scott A. Frisch, Douglas B. Harris, Sean Q. Kelly, and David C.W. Parker (eds.),
57 Scott A. Frisch, Douglas B. Harris, Sean Q. Kelly, and David C.W. Parker (eds.),
Doing Archival Research in
Political Science (Amherst, NY: Cambria Press, 2012). The LOC catalog record is available at https://lccn.loc.gov/ (Amherst, NY: Cambria Press, 2012). The LOC catalog record is available at https://lccn.loc.gov/
2012003352. 2012003352.
58 House Office of
58 House Office of
Art and Archives can be reached at archives@mail.house.gov, art@mail.house.gov, or (202) 226-1300.
59 House Office of the Historian can be reached at history@mail.house.gov or (202) 226-1300. the Historian can be reached at history@mail.house.gov or (202) 226-1300.
5960 Senate Office of the Historian can be reached at historian@sec.senate.gov Senate Office of the Historian can be reached at historian@sec.senate.gov
, photo_historian@sec.senate.gov, or (202) 224-6900. or (202) 224-6900.
60
61 NARA’s Center for Legislative Archives can be reached at legislative.archives@nara.gov or (202) 357-5350. NARA’s Center for Legislative Archives can be reached at legislative.archives@nara.gov or (202) 357-5350.
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The Advisory Committee on the Records of Congress,61 Association of Centers for the Study of Congress,62 and Congressional Papers Section of the Society of American Archivists63 are all involved in discussions related to congressional records and recordkeeping.
Members and congressional staff can also request research assistance from the Congressional Research Service.62 See https://www.archives.gov/legislative/cla/advisory-committee. 63 See https://congresscenters.org. 64 See https://www2.archivists.org/groups/congressional-papers-section.
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Author Information
Ben Leubsdorf Ben Leubsdorf
Research Librarian
Research Librarian
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.
61 See https://www.archives.gov/legislative/cla/advisory-committee. 62 See https://congresscenters.org. 63 See https://www2.archivists.org/groups/congressional-papers-section.
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